Welcome to the latest edition of our newsletter, which explores recent competition law developments across the UK and EU.

This edition covers a broad range of topics, spanning merger control, the UK and EU’s digital markets regimes, a recent EC cartel infringement decision, competition damages litigation, and the CMA’s new consumer enforcement powers.

As previously covered in this newsletter, the CMA has been signalling its intention to transform its processes in support of the UK Government’s pro-growth agenda; most notably through adoption of its “4Ps” framework (Pace, Predictability, Proportionality and Process). The merger control regime has been a key area of focus, and in this edition we assess the early results, in the form of proposed changes to the CMA’s jurisdictional and procedural guidance and recent shifts in merger outcomes.

On digital markets regulation, we cover the CMA’s first provisional designation of a firm as having Strategic Market Status (SMS) under the Digital Markets, Competition and Consumers Act 2024, and shed light on aspects of the recently-published EC decisions fining Apple and Meta for non-compliance with the EU’s Digital Markets Act.

We also review the latest consumer protection updates from the CMA following the introduction of its direct enforcement powers earlier this year, and identify the key takeaways for minority investors from the EC’s Food delivery services infringement decision.

Finally, on competition damages litigation, we review the recent judgment from the Competition Appeal Tribunal (CAT) approving the Merricks v Mastercard settlement.

CMA follows through on “4Ps” promises with proposed amendments to mergers guidance

The CMA is consulting on proposed changes to its jurisdictional and procedural guidance. This comes against the backdrop of the CMA’s “4Ps” framework, which has driven a number of recent changes in its approach to merger enforcement.
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The year in UK mergers: long-term trends and highlights from 2024/25

In this article, we compare the merger outcomes data for 2024/25 to that from the first ten years of CMA merger enforcement, and pick out some key trends and themes from the year’s decisions.
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Choice screens and data dreams: the CMA unveils roadmap in relation to Google Search

The CMA has provisionally designated Google as holding SMS in General Search Services and indicated what is likely to be included in an initial package of measures to mitigate Google’s market power. Its approach will be closely watched by industry observers, for insights into how other SMS investigations may unfold. 
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Brussels vs Big Tech: unpacking the first DMA non-compliance decisions

Following the publication of the first two non-compliance decisions under the Digital Markets Act, we take a closer look at the reasoning underlying those decisions, and consider what they tell us about the Commission’s approach to enforcement of the regulation.
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The CMA’s direct consumer enforcement powers: dynamic pricing, drip pricing and other updates

Whilst we continue to await the first formal deployment of its new consumer enforcement powers, recent CMA updates hint at the practices it is likely to prioritise for enforcement. 
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Renewed interest from antitrust agencies in strategic minority investors, as European Commission fines Delivery Hero and Glovo

The European Commission’s recent decision to fine Delivery Hero and Glovo for cartel conduct has placed a renewed spotlight on the antitrust risks that can arise from minority shareholdings in competitors. 
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Merricks v Mastercard settlement: A landmark judgment and its implications for funders

The CAT recently approved the largest settlement to date under the UK’s collective proceedings regime. The commentary in the judgment contains important guidance for stakeholders in other collective actions.
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This edition was edited by Senior Associate, Matthew Redfern. If you have any questions about the articles in this newsletter, do not hesitate to reach out to Matthew, or any of your usual contacts: Cameron Firth, Malcolm Walton, Christophe Humpe, Caja Griesenbach, Foad Hoseinian and Fiona Beattie.